List of Articles Suspension of composition and origin

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  1 - Explaining the establishment of suspension contracts from the perspective of Iranian jurisprudence and public law
  mohammadhosein Sayahi gholamali seifi Rahim Sayah
  10.22034/ijrj.2023.1948949.4045
  Some Islamic jurists consider the suspension of contracts to be invalid by arguing for rational and narrative argument and the lack of establishment of contradictions and contradictions with the dogma of contracts. Considering that the purpose of the contractors is to e More

  Some Islamic jurists consider the suspension of contracts to be invalid by arguing for rational and narrative argument and the lack of establishment of contradictions and contradictions with the dogma of contracts. Considering that the purpose of the contractors is to establish the obligation and fulfill the effects according to the contract, so by accepting the suspension in the source and joining it to the punitive contracts, structuring and denying the beginning of the suspension in the contracts and deviating from realism and denying the beginning of the suspension in the contracts. It is possible. On the other hand, those who believe in this theory by descriptive-analytical method and by inductive proof of homogeneous examples of suspension of contracts in jurisprudence and administrative law and the presentation of compelling arguments such as necessity, rationalism and thinking in the common realization of suspended contracts and jurisprudence Administrative contracts were suspended in Iranian law and its applicability formulation was considered necessary.The result is that the coherence of religious criticism is allowed to explore the utilitarian theory of "suspension of contracts in administrative law" with the homogeneous critique of the logic of jurisprudence and law in legalism by changing attitudes to civil sociology and focusing on theorizing theory In contracts based on rationalism, it is necessary to avoid superficiality and independence of the legal system of thought. Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  2 - Explaining the establishment of suspension contracts from the perspective of Iranian jurisprudence and public law
  mohammadhosein Sayahi gholamali seifi zeinab Rahim Sayah
  Understanding suspended contracts and determining their place in Iranian jurisprudence and explaining their nature in various forms are challenging issues in the Iranian legal system. However, the existence of different thoughts and ideas regarding the validity or inval More

  Understanding suspended contracts and determining their place in Iranian jurisprudence and explaining their nature in various forms are challenging issues in the Iranian legal system. However, the existence of different thoughts and ideas regarding the validity or invalidity of suspended contracts has created doubts about their effectiveness. Some Islamic jurists consider suspension in contracts to be invalid, arguing on the basis of rational and textual arguments, the lack of establishment of enforceability, and the incompatibility with the certainty of contracts. This is because the purpose of the contracting parties in establishing contracts is to create obligations and realize the effects of the contract. It seems that with the acceptance of suspension in inception and its attachment to enforceable contracts, the justification of suspended contracts in Iranian law is possible within the framework of suspensive conditions. In this regard, those who believe in the validity of suspension, using a descriptive-analytical method and referring to examples of suspended contracts in jurisprudence and law, argue on the basis of the necessity and rationality of developing and benefiting from suspended contracts and avoiding incorrect jurisprudential insights (non-acceptance of suspended contracts) believe that it is necessary to consider the conclusion of contracts in a suspended manner in Iranian law. The conclusion is that, by analyzing and utilitarianism of suspension in contracts, and also by criticizing the identification of the logic of jurisprudence and law in legalism with a new approach to civil sociology (drafting laws that are in the best interests of society) and turning away from the misconception of the inadmissibility of using analogy in jurisprudential interpretation to explain suspension in contracts on the basis of rationality, and avoiding formalism and the independence of the system of thought of jurists is necessary. Manuscript profile